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56 Wayne L. Rev. 667 (2010)
The Selection of Judges in Michigan: the Constitutional Perspective

handle is hein.journals/waynlr56 and id is 671 raw text is: THE SELECTION OF JUDGES IN MICHIGAN: THE CONSTITUTIONAL PERSPECTIVE ROBERT A. SEDLERt Under the Michigan Constitution of 1963, article VI, section 1, [t]he judicial power of the state is vested exclusively in one court of justice, consisting of one supreme court, one court of appeals, one trial court of general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction, called district courts.t The Michigan Supreme Court has general superintending control over all the courts, the power to issue, hear and determine prerogative writs, and appellate jurisdiction in accordance with its own rules.2 It also has the responsibility to issue general rules controlling the practice and procedure in all courts of the state.3 Ever since the first post-statehood Constitution of 1850, Michigan Supreme Court justices and all other judges in Michigan have been elected by the voters. (In the pre-statehood 1835 Constitution, supreme court judges were appointed by the governor with the consent of the state Senate;4 other judges were elected.5). Election of the Michigan Supreme Court justices and the other judges was again provided in the 1908 Constitution,6 and again in the current 1963 Constitution.' With respect to Michigan Supreme Court justices, article VI, section 2 provides as follows: [T]he supreme court shall consist of seven justices elected at non-partisan elections as provided by law. The term of office shall be eight years and not more than two terms of office shall expire at the same time. Nominations for justices of the supreme court shall be in the manner prescribed by law. Any incumbent justice whose term is to expire may become a candidate for re- election by filing an affidavit of candidacy, in the form and manner prescribed by law, not less than 180 days prior to the *8 expiration of his term. t Distinguished Professor of Law, Wayne State University. B.A., 1956; J.D., 1959 University of Pittsburgh. 1. MICH. CONST. art. VI,§ 1. 2. MICH. CONST. art. VI, § 4. 3. MICH. CONST. art. VI, § 5. 4. MICH. CONST. of 1835 art. VI, § 2. 5. MICH. CONST. of 1835 art. VI, § 4. 6. MICH. CONST. of 1908 art. VII, § 2. 7. MICH. CONST. art. V1, § 2. 8. Id. 667

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